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2025 DAILYLAW 2443 (GUJ)

MUSKAN VISHALBHAI BRAHMBHATT v. STATE OF GUJARAT

CR.MA/6100/2024 · 2025-04-07

Divyesh A Joshi

body2025

Judgment text

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R/CR.MA/6100/2024 ORDER DATED: 07/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION NO. 6100 of 2024 (FOR QUASHING & SET ASIDE FIR/ORDER) ======================================================= MUSKAN VISHALBHAI BRAHMBHATT & ORS. Versus STATE OF GUJARAT & ANR. ======================================================= Appearance: MR NR KODEKAR(5020) for the Applicant(s) No. 1,2,3,4 MR KURVEN DESAI for MR RAJAN J PATEL(6775) for the Respondent(s) No. 2 MR CHINTAN DAVE APP for the Respondent(s) No. 1 ======================================================= CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 07/04/2025 ORAL ORDER 1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today. 2. Rule. Learned advocates appearing for the parties waive service of notice of Rule. 3. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicants pray for quashing and setting aside the FIR being C.R. No.11191046240073/2024 registered with Airport Police Station, Ahmedabad City for the offence R/CR.MA/6100/2024 ORDER DATED: 07/04/2025 punishable under Sections 324, 323, 294(b), 506(2), 143, 147, 148 and 149 of the Indian Penal Code and the chargesheet filed pursuant thereto. 4. Heard learned advocate, Mr. Tirth Nayak for the applicants, learned APP Mr. Chintan Dave for respondent no.1 and learned advocate, Mr. Kurven Desai for learned advocate, Mr. Rajan Patel for respondent no.2. I have also heard the respondent no.2 – complainant, who is present before this Court. Learned advocate, Mr. Desai identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him. 5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record at Page No.31. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that he has settled the dispute with the present applicants and, therefore, if the impugned FIR is quashed, he has no objection. Page 2 of 3 R/CR.MA/6100/2024 ORDER DATED: 07/04/2025 6. Therefore since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through her learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside. 7. Resultantly, this application is allowed. The impugned FIR being C.R. No.11191046240073/2024 registered with Airport Police Station, Ahmedabad City and all other consequential proceedings arising out of said FIR are hereby quashed and set aside. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI, J.) Gautam Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 07/04/2025 18:49:18